Present:  Mayor William Price, City Attorney Boyd Strope, City Clerk/Treasurer Nikki Johnston, Council President Ed Price and Council members;  Don Baker, Lauren Hiebner, Terri Krysl, Dwayne Philbrick, Marv Fritz, Al Vorce and Kevin Shelhamer.  Absent:  None.

Notice of this meeting was given in advance thereof according to Section 84-1408 of the Revised Statutes of Nebraska.  Notice of the meeting was given to the Mayor and all members of the Council and a copy of the acknowledgement of receipt of notice and the agenda is attached to the minutes.  Availability of the agenda was construction the advance notice.  All proceedings hereafter shown were taken while convened meeting was open to the attendance of the public. The meeting was called to order by Mayor Price.
Moved by Hiebner, second by E. Price to waive the reading of  the minutes of May 19th and approve them as if read.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Baker, second by Fritz to approve the budgeted $2,000 donation to the O’Neill Men’s Club for fireworks.  Roll call vote as follows:  All Ayes.  Motion carried.

City Attorney Strope stated that Gilmore and Associates have drawn up the outer boundaries and properties to be assessed for the water and sewer districts on North Hwy 281.  The estimated project costs for the sanitary sewer district are $40,000 and $85,000 for the water district. Council member Fritz asked what the cost would be to the tomato facility? City Engineer Gilmore explained that the project costs include construction, engineering, contingencies, publishing, legal, etc.  The properties to be assessed include some north and south properties along the highway. Gilmore also stated that water districts are assessed on the basis of connections.  This water project contains an oversize water line, most of which would be the City’s cost.  Generally assessments are not proposed until construction is completed to determine final costs. John Prouty asked what assessment costs the tomato facility would have to pay? Gilmore stated that as an estimated guess the facility would be looking at an assessment of five percent of the $85,000 water project cost and seven to eight percent of the $40,000 sewer project cost.

Council member Baker introduced Ordinance No. 1236, which is on file with the City Clerk.

City Attorney Strope read Ordinance No. 1236 by title and number.

Moved by Baker, second by Shelhamer to waive the three readings on Ordinance No. 1236.  Roll call vote as follows:  Aye; Baker, Hiebner, Philbrick, Fritz, Price, Vorce and Shelhamer.  Nay:  Krysl.  Absent:  None.  Motion carried.

Moved by E. Price, second by Shelhamer to adopt Ordinance No. 1236.  Roll call vote as follows:  All Ayes.  Motion carried.

Council President Price introduced Ordinance No. 1237, which is on file with the City Clerk.

City Attorney Strope read Ordinance No. 1237 by title and number.

Moved by Shelhamer, second by Vorce to adopt Ordinance No. 1237.  Roll call vote as follows:  Aye; Baker, Hiebner, Philbrick, Fritz, Price, Vorce and Shelhamer.  Nay:  Krysl.  Absent:  None.  Motion carried.

John Nickless and John Humrich asked the Council if it would be possible to move or remove the ditch on 12th Street.  The ditch runs through property owned by Faith Community Church and creates an issue for use or sale of these lots. Street Supervisor Larry Peters stated that for drainage purposes the ditch can not be filled in. The Council requested Gilmore and Associates to research changing the ditch to the north to affect less lots and City Attorney Strope to review any easements that may be in place.  Gilmore and Strope were instructed to report on this item at the July meeting agenda.

Council member Fritz introduced and moved to adopt Resolution No. 03-14, which is on file with the City Clerk.

  Three parcels of land (A, B and C) located in the NW ¼ of
Section 20, T29N, R11W of the 6th p.m., Holt County, NE, described as follows:
(A) Beginning at the southwest corner of said NW ¼; thence N 00°00’00” E (assumed bearing) on the west line of said NW ¼, a distance of 695.82 feet; thence S 90°00’00” E, a distance of 69.02 feet to a point on a non-tangent curve, concave northeasterly, having a radius of 1452.27 feet, a chord bearing of S 42°04’37” E, and a chord distance of 896.71 feet; thence southeasterly on said curve, an arc distance of 911.60 feet; thence S 00°10’13” W, a distance of 32.24 feet to the south line of said NW 1/4 , thence N 89°49’45” W on said south line of the NW ¼, a distance of 669.84 feet to the point of beginning, containing 5.147 acres, more or less, of which the west 33 feet is occupied by a public road.
(B) Beginning at the northeast corner of said NE ¼; thence S 00°09’25” W (assumed bearing) on the east line of said NE ¼, a distance of 660.00 feet; thence N 44°39’15” W, a distance of 936.45 feet to the north line of said NE ¼; thence S 89°27’56” E on said north line of the NE ¼, a distance of 660.00 feet to the point of beginning, containing 5.000 acres of land, more or less, of which the north 33 feet and the east 33 feet is occupied by a public road.
(C) Commencing at the northeast corner of said NE ¼; thence S 00°09’25” W (assumed bearing) on the east line of said NE ¼, a distance of 660.00 feet to the true point of beginning; thence 44°39’15” W, a distance of 936.45 feet to the north line of said NE ¼; thence N 89°27’56” W on said north line of the NE ¼; thence N 00°09’25” E on said east line of the NE ¼, a distance of 85.13 feet to the point of beginning, containing 1.373 acres of land, more or less, of which the north 33 feet and the east 33 feet is occupied by a public road hereinafter referred to as "Subdivision", is determined not to be exempt from the City's subdivision regulations by reason of failing to meet the requirements of O'Neill Municipal Code Section 9-301 (D).
 Sec. 2. The Planning Commission reviewed the Subdivision Plat, pursuant to Section 9-301 (D), and recommended approval of the Subdivision Plat to the City.
 Sec. 3. In following the recommendations of the Planning Commission to the City, the Mayor and City Council approve the division of the above described real estate from its original tract and sale thereof is hereby approved.
 Sec. 4.  The City Clerk is authorized and directed to provide an original of this Resolution for the recordation at the Holt County Register of Deeds Office.
 PASSED AND APPROVED this 2nd day of June, 2003.
 
      WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)

NIKKI JOHNSTON, CITY CLERK/TREASURER

Second by Shelhamer to adopt Resolution 03-14.  Roll call vote as follows:  All Ayes.  Motion carried.

Bill Eby from Tom’s Madison Street Tavern requested a catering permit to have a beer garden and outdoor dance during the Summerfest Celebration.  Mr. Eby requested permission to block off the corner of Madison Street and Douglas to the alley.  Cattle gates with plywood will be used for the barrier. The Council discussed the flow of traffic with the proposed site of the beer garden.
Moved by Philbrick, second by Baker to approve the catering permit for Tom’s Madison Street Tavern.  Roll call vote as follows:  Aye; Baker, Krysl, Philbrick, Fritz and Vorce.  Nay:  Hiebner, E. Price and Shelhamer.  Absent:  None.  Motion carried.

Mr. Eby requested a second catering permit for the Men’s Slow Pitch Softball Tournament in Carney Park on July 18th-20th.  The request is to sell beer only.
Moved by E. Price, second by Shelhamer to deny the catering permit request for a beer garden at Carney Park.  Roll call vote as follows:  All Ayes.  Motion carried.

Deb Fisher from The Wild Rose requested a catering permit for June 21st to have a beer garden located at the back of her establishment.  The beer garden would be enclosed by cattle gates and extend fifty feet back. Moved by Fritz, second by Baker to approve the catering permit for the Wild Rose.  Roll call vote as follows:  All Ayes.  Motion carried.

Don Becker representing the Evergreen Assisted Living requested that all provisions for the sidewalks still exist. City Clerk Johnston reported that at the April 8, 2002 meeting it was stated that the sidewalk provision for Boone Ave. would be addressed in a year. Mayor Price asked if the provisions could be extended for a year for Boone Ave? Council member Fritz stated that there is no reason that a sidewalk is needed due to the whole south half of the property is concrete out towards the street. Mr. Becker asked if the Evergreen could make a request now to close Boone Ave? City Attorney Strope explained the process for requesting to close a street, a formal request must be filed with the City offices to be brought before the Council and notice to landowners must be sent as well. Moved by Krysl, second by Baker to table the Boone Ave. sidewalk issue until the July meeting.  Roll call vote as follows:  All Ayes.  Motion carried.

Patti Hering gave the annual library report, which is available for public inspection at the City offices.

The Council held a discussion on the C&D landfill rates and authority to negotiate rates for larger jobs.  After much discussion the Mayor scheduled a committee meeting on June 23rd to discuss the current rates and option for changing these.  Moved by Hiebner, second by Shelhamer to stipulate that from now until the meeting on the 23rd, the City will use the current rate of three cents a pound and that no bidding will take place.  Roll call vote as follows:  All Ayes.  Motion carried.

City Attorney Strope read the final reading of Ordinance No. 1232.

Moved by Shelhamer, second by E. Price to adopt Ordinance No. 1232.  Roll call vote as follows:  All Ayes.  Motion carried.

City Attorney Strope read the second reading of Ordinance No. 1233 by title and number.

Sec. 1. That the following Section shall be added to Chapter One, Article Nine, regarding Municipal Parks of the City of O’Neill Municipal Code:

“Section 1-909, Municipal Parks; Hours of Entry.  It shall be unlawful for any person, excluding campers and their guests in the camping areas only, to enter any park between the hours of 12:00 A.M. to 6:00 A.M. without prior approval from the Park Board or City personnel.  This ordinance shall also be deemed to apply to any street or alley in the parks. The hours of closing as set forth above shall be posted at all shelters in all parks in the municipality.”

Sec. 2 That all prior ordinances in conflict herewith are repealed.

Sec. 3 This ordinance shall take effect and be in full force from and after its passage, approval and publication or posting as required by law.

PASSED AND APPROVED this day of , 2003.

 
      WILLIAM PRICE, MAYOR
ATTEST:
(SEAL)
 

NIKKI JOHNSTON, CITY CLERK/TREASURER

City Attorney Strope read the second reading of Ordinance No. 1235 by title and number.

City Clerk Johnston announced that the Planning Grant has a total of $13, 120 left with the City’s portion being $6,049.63. Moved by Baker, second by Philbrick to approve the Planning Grant CDBG drawdown of $2,695.  Roll call vote as follows:  All Ayes.  Motion carried.

Moved by Shelhamer, second by Vorce to approve the bills.  Roll call vote as follows:  All Ayes.  Motion carried.

ALL FUNDS
Payroll, salary 70,742.09 Fed & FICA, tax 15,904.54
CBSA, ins premium 21,291.69 Alltel, ser 489.75
American Family, ins 434.56 Appeara, su 752.56
Central Farmer's, fuel 2,168.90 Delta Dental, ins 1,002.60
Jefferson Pilot, ins 168.95 Neopost, postage 1,500.00
Kinder Morgan, util 542.84, phone 2,021.28
MCI, phone 110.62 Nationwide, pen 4,600.66
NE Dept. of Revenue, tax 1,748.77 NPPD, util 10,126.37
Dana Cole, fees 4,900.00 Strope,Krotter&G, fees 3,765.39
Western Office, su 365.85

GENERAL FUND
Adolph Kiefer, su 43.71 Alco, su 70.56
Anson Insurance, ins 321.75 Blain Plumbing, ser 835.20
Blue Dolphins, donation 1,000.00 Bomgaars, su 275.65
Cris Bulau, clean 260.00 Carhart Lumber, su 23.27
Contingent Fund, misc 662.52 Diamond Vogel, su 1,868.75
Ed M Feld, su 120.00 Emme Sand & Gravel, su 54.00
Fastmart, fuel 40.07 Fuller & Son, ser 1,387.57
Gokie Oil, fuel 16.22 Holt Co. Administrator, fee 2.05
Holt Co. Independent, ad 367.49 Island Supply, su 16.85
KBRX, ad 53.50 Orma Lang, refund 215.42
Leon’s Repair, re 296.30 Ludemann Safety, re 224.76
Memory Lane, fees 16.95 NE HHS, pmt 276.86
Netcom, ser 90.00 Ogden Hardware, su 191.09
Omaha Life Insurance, ins 90.30 O’Neill Book & Office, su 23.10
O’Neill Electric Motor, re 2,136.51 O’Neill Lumber, su 344.46
O’Neill Saw & Cycle, su 32.85 Ross Signs, su 792.00
Shamrock Nursery, su 600.48 Stadium Sports, su 23.40
Stahr & Assoc., grant 2,305.00 Tax Commissioner, tax *
USA Blue Book, su 57.33

POLICE FUND
Alco, su 26.46 Automotive & Welding, ser 20.00
Avera St. Anthony’s, tests 40.00 Bomgaars, su 27.69
Don Clyde, uniform 150.00 Contingent Fund, misc 30.00
GA Thompson, su 526.62 Helmets R Us, su 561.92
Internet Nebraska, ser 53.95 Jack’s Uniform, su 941.05
Sarah Klinetobe, clean 120.00 Stanley Lahm, uniform 100.00
Benjamin Matchett, uniform 150.00 Moore Shoes, su 243.46
NE HHS, tests 150.00 NE Law Enforcement, fee 135.00
Netcom, su 115.00 Ogden Hardware, su 6.79
O’Neill Body & Frame, re 1,927.13 O’Neill Book & Office, su 153.87
O’Neill Car Wash, wash 27.50 O’Neill Vet Clinic, fees 270.00
Matthew Otte, uniform 50.00 Michael Parks, uniform 150.00
Brian Phelps, uniform 150.00 Quality Alignment, re 1,024.74
Reiser Insurance, ins 462.00 Sunmart, film 76.62
Telebeep, fee 17.11 Viking Products, su 471.93
Larry Wanamaker, uniform 150.00

STREET FUND
Bomgaars, su 26.09 Contingent Fund, misc 107.44
Dobson Brothers, su 287.00 Emme Sand & Gravel, su 943.50
Fremont Nat’l Bank, pmt 70,000.00 Holt Co. Auto Part, su 21.24
K&K Welding, re 17.50 O’Neill Auto Supply, su 7.24
O’Neill Saw & Cycle, su 6.40

SEWER FUND
Axis Capital, lease 47.50 Barco, su 433.56
Bomgaars, su 54.67 Carhart Lumber, su 2.00
Contingent Fund, misc 258.12 Elliott Equipment, su 291.21
Great Plains, hotline 42.24 Hawkins, Inc., su 4,850.00
Kelly Supply, su 176.86 Lab Safety Supply, su 544.85
LaRue Dist., su 20.39 Moore Shoes, su 9.00
Ogden Hardware, su 36.11 O’Neill Auto Supply, su 6.09
O’Neill Book & Office, su 7.95 O’Neill Electric Motor, re 728.76
William Simmerman, su 719.50 Tax Commissioner, tax *
Triple R Tire, re 51.25 USA Blue Book, su 652.68
Utilities Section, fee 50.00

WATER FUND
Axis Capital, lease 47.50 Barco, su 433.56
Bomgaars, su 28.02 Carhart Lumber, su 152.91
Contingent Fund, misc 6.34 Great Plains, hotline 42.25
Holt Co. Independent, ad 496.07 Kelly Supply, su 80.97
WM Krotter, re 98.24 LaRue Dist., su 20.39
Moore Shoes, su 9.00 Municipal Supply, su 1,561.33
National Waterworks, su 86.84 NE HHS, tests 1,164.00
Niobrara Valley, util 1,461.97 Ogden Hardware, su 40.35
O’Neill Electric Motor, re 309.18 Tax Commissioner, tax *
Triple R Tire, re 51.25 USA Blue Book, su 30.61

TRANSFER STATION FUND
Butler Co. Landf, fees 20,430.67 Recycling Account, pmt  19,552.92
J&J Sanitation, fees 30,218.15 Linweld, lease 8.90
Niobrara Valley, util 900.00 Triple R Tire, re 178.80

DEBT SERVICE FUND
Fremont Nat’l Bank, pmt 179,597.50

COMMUNITY IMPROVEMENT FUND
Fremont Nat’l Bank, pmt 15,238.75

POLICE GRANT FUND
Jack’s Uniform, su 458.00
 

AUDITING COMMITTEE:

_________________________________
AL VORCE, WARD IV

_________________________________
KEVIN SHELHAMER, WARD IV

City Clerk Johnston announced that the City would be accepting nominations for the Hall of Fame until June 30th at 5:00 p.m.

Council President Price requested City Attorney Strope to review whether the City has a problem with variable rates before the June 23rd meeting.

Moved by Shelhamer, second by Baker to adjourn.  Roll call vote as follows:  All Ayes.  Motion carried.

The meeting adjourned at 9:25 P.M.
 
 

 
      WILLIAM T. PRICE, MAYOR
ATTEST:
(SEAL)
 
 

 
NIKKI JOHNSTON, CITY CLERK/TREASURER
***********************************************************
 
 
 

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